Orr v. Amory
Massachusetts Supreme Judicial Court
The plaintiffs, citizens of Philadelphia, declare in assumpsit, as assignees of the goods and effects of William Birnie and John F. Rockendorff, also of Philadelphia, merchants and copartners, against the defendant, as surviving partner of the firm of Thomas C. Amory if Co. From an agreed statement of facts, upon which the action was submitted to the decision of the Court, it appeared that Birnie if Rockendorff, being by misfortunes rendered unable to discharge their debts,…
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The plaintiffs, citizens of Philadelphia, declare in assumpsit, as assignees of the goods and effects of William Birnie and John F. Rockendorff, also of Philadelphia, merchants and copartners, against the defendant, as surviving partner of the firm of Thomas C. Amory if Co. From an agreed statement of facts, upon which the action was submitted to the decision of the Court, it appeared that Birnie if Rockendorff, being by misfortunes rendered unable to discharge their debts, by indenture, dated January 14, 1811, assigned all their lands, goods, chattels, and debts, to the present plaintiffs,…
1Opinion of the Court
By the Court.
It has been heretofore settled, that the assignees of bankrupts, duly appointed under the laws of a foreign country, cannot maintain actions, in their own- names, in our courts, for demands due to such bankrupts, (a) A chose in action, such as is the subject of the present action, is not assignable at the common law, nor by any statute provision recognized in this commonwealth, where the remedy is sought to be maintained. The contract of Birnie if Rockendorff with the defendant is not to be [ * 26 ] varied in its import * and effect by a voluntary assign rnent on their part. The…
2Cases cited1 opinion
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
3Cited by5 opinions
- Baxter National Bank v. TalbotMassachusetts Supreme Judicial Court · 1891
- J. B. Kirkland & Co. v. Lowe, Pattison & Co.Mississippi Supreme Court · 1857
- Brush v. CurtisSupreme Court of Connecticut · 1822
- Fall River Iron Works Co. v. Croade & TrusteeMassachusetts Supreme Judicial Court · 1833
- Fisk v. BrackettSupreme Court of Vermont · 1860